Seller refuses to accept return for defective item

[rswatson]

Hi, 

I'm a long time eBay member as both buyer and seller and rarely have issues but I'm having trouble with a seller.

Item is a New in Box smartphone.

When I powered it up, there is a blue line on the screen that's obviously a hardware issue. 

The seller claims that since I "opened the box and used it" he cannot accept the return.

My understanding is that a seller is obligated to give a refund for a defective item including paying for return shipping. Is that not correct?

I have started the return process, seller immediately refused, but apparently I have to wait a week to ask for Ebay's intervention. Is there a way to speed up the process? If not, is there anything I should do in the meantime?

I would be happy with a replacement, but have been told in the past to only accept a refund since eBay cannot guarantee the replacement item. Is that correct?

Any advice would be greatly appreciated.

[phcd1]

Just open a SNAD claim and be done with it. Don't discuss it with him. The seller is responsible for return shipping and 100% refund unless the item was sold as Parts or Repair only in the condition drop down.

My EBay, Purchase History, Find the item, Return this item, Doesn't match photos or description

[rswatson]

I already made a return request, but I selected "doesn't work or defective" rather than "doesn't match photos or description"  Will that be a problem?

It seemed more accurate since the correct item was sent, but has a defect. 

[phcd1 · Accepted solution]

That will work, no problem. The seller has 3 (business) days to respond to the case. He can 1.) Refund you 100%, 2.) Pay return shipping and refund 100% or 3.) Offer a partial refund.

There will be a button to "Ask eBay to step in" after those days have passed. If the seller is unresponsive, simply escalate to eBay when that option is available.

Nothing to worry about.

[fossil_diver]

And you don't need to give eBay or the seller a detailed explanation of the phones defect. Just say "phone not working" and stick to that. That is all eBay needs to know to find in your favor. You ordered a correctly working phone. That one doesn't work correctly therefore it is SNAD 

[rswatson]

I have a question regarding the timeframe for all this. So I have still have to wait 2 more days before Ebay step in and assist me even though seller has already stated he will not accept the return. 

What happens in two days? I'm assuming Ebay will tell him he must refund my purchase. How long will he have to comply?

How long will I have to return the item?

I will be traveling for two weeks soon and am worried about the prospect of missing an important deadline while I'm away. 

[phcd1]

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@rswatson wrote:

I have a question regarding the timeframe for all this. So I have still have to wait 2 more days before Ebay step in and assist me even though seller has already stated he will not accept the return. 

What happens in two days?...

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If the seller does not offer a return pre paid shipping label, ask eBay to "Step In" at which point eBay will most likely just refund you as the seller has already indicated "he will not accept the return". There is chance you may have to return the item, in which case you will be given 5 business days to ship it to the seller (not for them to receive it). If you're traveling, I suggest you take it with you in case you need to return it. EBay does not accept excuses from buyers or sellers. Sellers hope something will come up and often delay until the last second.

[rswatson]

Doh! Of course, I'll just take it with me. 

Thanks